Ramapo Residents Make a Stand Against Ramapo Temporary School Law – Setting a Precedent!!!!

Ramapo Residents Fight Back Against

Ramapo Temporary School Law For Very First Time

Suffern, NY – November 7, 2016 – On June 22, 2016, Tony Mallia, Director of Building, Planning and Zoning for the Town of Ramapo, illegally issued a permit to Aron Bineth / Congregation Yeshiva Zera Yakov to allow for the conversion of a single family home at 101 Carlton Road West to a Yeshiva for 75 students. Mr. Mallia granted this permit over the objections of other Town and local fire officials who pointed out that this conversion was not legal under the Town of Ramapo Code, and who identified many health and safety issues in establishing such a project on an undersized residential lot. This permit, granted in violation of State and local law without planning board review, public hearings, or CDRC review meeting, was challenged by Local Resident Peter Katz in formal letters to the Town Board and Building Inspector. After receiving no response from the Town, Katz formally appealed to the Ramapo Zoning Board of Appeals. Katz had no choice but to petition the Supreme Court of Rockland County today to intercede, as the Ramapo ZBA approved a request by the Yeshiva’s owner/operators to adjourn the hearing of this important case while the construction continues upon the site at a breakneck pace.

The Verified Complaint filed today (Index No. 034819/2016) sets forth ten (10) causes of action, asking the Court to revoke this illegal building permit and to stop all work at the property, until same can be conducted in full compliance with State and local law.

Mr. Katz is joined by two other residents who also live within 500 feet of the property, Jack Gross and Sharon Kronenberg. All three of these Monsey/Suffern area residents are observant orthodox Jews who have sought out and obtained permission from their Rabbi to pursue this action against the Town of Ramapo.

The misuse and abuse of the Temporary Modular School Law under which this permit was approved has caused extreme divisiveness in Ramapo, particularly in the lower density residential neighborhoods of Western Ramapo. Properties housing these “temporary” schools often do not meet zoning code requirements and rely on the much too easy granting of substantial zoning variances by the ZBA. Most egregiously, as is the case in this new litigation, these projects are considered and approved without any form of public hearing as required under the law. Although these schools are supposedly only given temporary permits for one year, with a potential renewal for only one more year, the history of these projects demonstrates a complete lack of code enforcement by the Town of Ramapo. Once a “temporary school” is permitted, it remains open indefinitely.

These plaintiffs are not, of course, opposed to religious schools in their neighborhood. They are however, opposed to the pattern of disregarding the very laws which were established to protect the character of their neighborhood, to ensure the health, safety, and comfort of its inhabitants, and to ensure that their voices, and not just only the voices of developers, are heard.

Note: Service of initiating documents and the “Notice of Availability Regarding Electronic Filing” (in consensual cases) or the “Notice of Commencement of Mandatory E-Filed Case” (in mandatory cases) must be made in hard copy (unless the party agrees to accept service by electronic means). These forms can be found on the NYSCEF site under the “Forms” menu. The served copies also must bear the assigned Index Number and the date of filing (CPLR 305).

THIS E-MAIL IS INTENDED ONLY FOR THE USE OF THE NAMED ADDRESSEE(S) AND FOR THE PURPOSES OF THE NEW YORK STATE COURTS ELECTRONIC FILING SYSTEM. IF YOU ARE NEITHER THE INTENDED RECIPIENT NOR A PERSON DESIGNATED TO RECEIVE MESSAGES ON BEHALF OF THE INTENDED RECIPIENT, PLEASE NOTIFY THE SENDER IMMEDIATELY. THANK YOU.

Rockland County Supreme Court Notification 11/07/2016

Please retain this notification for your records.
The NYSCEF web site has received documents from the filing user, STEVEN MOGEL , for the following case/claim.

Court rules require hard copy service upon non-participating and opted-out parties. NYSCEF has no record of opt out or participation recorded for the parties listed below.

Party Name

Role

YAKOV J. OSTREICHER

Defendant/Respondent

ARON BINETH

Defendant/Respondent

CONGREGATION YESHIVA ZERA YAKOV

Defendant/Respondent

ANTHONY MALLIA

Defendant/Respondent

THIS E-MAIL IS INTENDED ONLY FOR THE USE OF THE NAMED ADDRESSEE(S) AND FOR THE PURPOSES OF THE NEW YORK STATE COURTS ELECTRONIC FILING SYSTEM. IF YOU ARE NEITHER THE INTENDED RECIPIENT NOR A PERSON DESIGNATED TO RECEIVE MESSAGES ON BEHALF OF THE INTENDED RECIPIENT, PLEASE NOTIFY THE SENDER IMMEDIATELY. THANK YOU.